#25-8373 (Superb Landscape Services, Inc.) GENERAL SERVICE AGREEMENT
#25-8373
for
Irrigation Contractors
THIS AGREEMENT, made and entered into on this /ore day of 20:23 ,
by and between Superb Landscape Services, Inc.
authorized to do business in the State of Florida, whose business address is
3980 Exchange Ave Naples, Fl. 34104 (the
"Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"):
WITNESSETH:
1. AGREEMENT TERM. The Agreement shall be for a two ( 2 ) year period,
commencing 0 upon the date of Board approval; OF❑tr -
and terminating two ( 2 ) year(s) from that date or until all outstanding
Purchase Order(s) issued prior to the expiration of the Agreement period have been
completed or terminated.
The County may, at its discretion and with the consent of the Contractor, renew the
Agreement under all of the terms and conditions contained in this Agreement for
two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give
the Contractor written notice of the County's intention to renew the Agreement term prior
to the end of the Agreement term then in effect.
The County Manager, or the County Manager's designee, may extend the Agreement
under all of the terms and conditions contained in this Agreement for up to one hundred
and eighty (180) days. The County Manager, or designee, shall give the Contractor
written notice of the County's intention to extend the Agreement term prior to the end of
the Agreement term then in effect.
2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon
issuance of a 0 Purchase Order ❑ Notice to Procccd.
3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the
terms and conditions of ❑ Rcqucct for Proposal (RFP) ❑ Invitation to Bid (ITB) ❑
Other Invitation for Qualification ( IFQ )# 25-8373
including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal
referred to herein and made an integral part of this Agreement. 0 The Contractor shall
also provide services in accordance with Exhibit A—Scope of Services attached hereto.
3.1 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by the Parties,
in compliance with the County's Procurement Ordinance, as amended, and Procurement
Procedures in effect at the time such services are authorized.
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General Service Agreement[2025_vcr.2]
3.2 The execution of this Agreement shall not be a commitment to the Contractor to order
any minimum or maximum amount. The County shall order items/services as required
but makes no guarantee as to the quantity, number, type or distribution of items/services
that will be ordered or required by this Agreement.
4. THE AGREEMENT SUM.
❑ The County shall pay the Contractor for the performance of this Agreement upon
pursuant to the fees as set forth in Exhibit B Fcc Schedule, attached hereto and the
price mcthodelogy as defied ift Seetieh 4.1. Palent will be made upon receipt of a
' ative Agent/Project
Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local
..v.vi „vi , ,v,i,Na , UyTl it.1 T1 -
❑ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of ($ ),
per County fiscal year, pursuant to the fees as set for in Exhibit B Fcc Schedule,
attached hcrcto and the price methodology as defined in Section 4.1. Payment will be
Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats.,
otherwise known as the "Local Government Prompt Payment Act".
❑ The County shall pay the Contactor kw the peffemiahee of th-is Agreement an
estimated maximum amount of ($ ),
response to a specific Request for Quotation and
Section-4-4,
❑■ The County shall pay the Contractor for the performance of this Agreement an
estimated maximum amount of Five Hundred Thousand ($500,000 )
per County fiscal year, based on units/services furnished pursuant to the quoted priced
offered by the Contractor in response to a specific Request for Quotation and pursuant to
Price Methodology in Section 4.1. Payment will be made upon receipt of a proper invoice
and upon approval by the County's Contract Administrative Agent/Project Manager, and
in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government
Prompt Payment Act".
4.1 Price Methodology (as selected below):
❑ Lump Sum (Fixed Price). A fires, fixed tot„l price offering for a project; the risks are
transferred from the County to the contractor; and, as a businese practice there arc no
hourly or material invoices presented, rather, the contractor must perform to the
before payment for the fixed price contract
is authorized.
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General Service Agreement[2025_ver.2]
n Time and Materials: The County agrees to pay the contractor for the amount of labor
time spent by the contractor's employees and subcontractors to perform the work(number
of hours times hourly rate), and for materials and equipment used in the project (cost of
materials plus the contractor's markup). This methodology is generally used in projects in
which it is not possible to accurately estimate the size of the project, or when it is expected
that the project requirements would most likely change. As a general business practice,
these contracts include back-up documentation of costs; invoices would include number
of hours worked and billing rate by position (and company (or subcontractor) timekeeping
or payroll records), material or equipment invoices, and other reimbursable
documentation for the project.
0 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs,
including labor, materials, equipment, overhead, etc.) for a repetitive product or service
delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The
invoice must identify the unit price and the number of units received (no contractor
inventory or cost verification).
4.2 Any County agency may obtain services under this Agreement, provided sufficient
funds are included in their budget(s).
4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt
and approval of invoices submitted on the date of services or within six (6) months after
completion of the Agreement. Any untimely submission of invoices beyond the specified
deadline period is subject to non-payment under the legal doctrine of"lashes" as untimely
submitted. Time shall be deemed of the essence with respect to the timely submission of
invoices under this Agreement.
4.4 The County, or any duly authorized agents or representatives of the County, shall
have the right to conduct an audit of Contractor's books and records to verify the accuracy
of the Contractor's claim with respect to Contractor's costs associated with any Payment
Application, Change Order, or Work Directive Change.
4.5 ❑ Travel and Reimbursable Expenses: Travel and Reimbursable Expcnscs must
be approved in advance in writing by the County. Travel expenses shall be reimbursed
as per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
$0.41.5 per mile
Breakfast $6.00
Lunch $11.00
Dinner $19.00
Airfare Actual ticket cost limited to tourist or coach
class fare
Rental car Actual rental cost limited to compact or
standard size vehicles
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General Service Agreement[2025_ver.2]
Ledgi
gic occupancy rate
with a cap of no morc than $150.00 per night
Taxi or Airport Limousine
items will be paid only after Contractor has provided all receipts. Contractor shall be
fcsponsible for all other costs and expenses associated with activities and solicitations
5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the performance
of the Work. Collier County, Florida as a political subdivision of the State of Florida, is
exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida
Statutes, Certificate of Exemption # 85-8015966531 C.
6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or emailed to the Contractor at the following:
Company Name: Superb Landscape Services, Inc.
Address: 3980 Exchange Ave
Naples, Fl.34104
Authorized Agent: Roberto Kindelan
Attention Name & Title: President
Telephone: 239-643-6205
E-Mail(s): RKindelan@commlandmaint.net
All Notices from the Contractor to the County shall be deemed duly served if mailed or
emailed to the County to:
Board of County Commissioners for Collier County, Florida
Division Director: Marshal Miller
Division Name: Road, Bridge,and Stormwater Maintenance
Address: 4800 Davis Blvd.
Naples, FL 34104
Administrative Agent/PM: Benjamin Graebner
Telephone: 239-252-8924
E-Mail(s): Benjamin.Graebner@collier.gov
The Contractor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
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7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a
partnership between the County and the Contractor or to constitute the Contractor as an
agent of the County.
8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. The County
will not be obligated to pay for any permits obtained by Subcontractors.
Payment for all such permits issued by the County shall be processed internally by the
County. All non-County permits necessary for the prosecution of the Work shall be
procured and paid for by the Contractor. The Contractor shall also be solely responsible
for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons employed
by the Contractor.
9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use
in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect
or hereafter enacted or adopted. In the event of such violation by the Contractor or if the
County or its authorized representative shall deem any conduct on the part of the
Contractor to be objectionable or improper, the County shall have the right to suspend the
Agreement of the Contractor. Should the Contractor fail to correct any such violation,
conduct, or practice to the satisfaction of the County within twenty-four (24) hours after
receiving notice of such violation, conduct, or practice, such suspension to continue until
the violation is cured. The Contractor further agrees not to commence operation during
the suspension period until the violation has been corrected to the satisfaction of the
County.
10. TERMINATION. Should the Contractor be found to have failed to perform his services in
a manner satisfactory to the County as per this Agreement, the County may terminate
said Agreement for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be the sole judge of
non-performance.
In the event that the County terminates this Agreement, Contractor's recovery against the
County shall be limited to that portion of the Agreement Amount earned through the date
of termination. The Contractor shall not be entitled to any other or further recovery against
the County, including, but not limited to, any damages or any anticipated profit on portions
of the services not performed.
11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin or any other class protected by federal or Florida
law.
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12. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,00o Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability
and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply
per project. This shall include Premises and Operations; Independent Contractors;
Products and Completed Operations and Contractual Liability.
B. ■❑ Business Auto Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned
Vehicles and Employee Non-Ownership.
C. 0 Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of$1,000,000
for each accident.
a, ❑ Professional Liability Shall be maintained by the Contractor to ensure its legal
liability for claims arising out of the performance of professional services under this
Agreement. Contractor waives its Fight of Fernery against County as to any claims under
this insurance. Such insurance shall have limits of not lest than $ each
claim and aggregate.
❑Cyber Liability Coverage shall have minimum limits of$ per claim.
❑ _ Coverage shall
have minimum limits of$ per claim.
6-❑ : Coverage shall
have minimum limits of$ per claim.
Special Requirements: Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR, Collier County Government shall be listed
as the Certificate Holder and included as an "Additional Insured" on the Insurance
Certificate for Commercial General Liability where required. This insurance shall be
primary and non-contributory with respect to any other insurance maintained by, or
available for the benefit of, the Additional Insured and the Contractor's policy shall be
endorsed accordingly.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. The Contractor shall
provide County with certificates of insurance meeting the required insurance provisions.
Renewal certificates shall be sent to the County thirty (30) days prior to any expiration
date. Coverage afforded under the policies will not be canceled or allowed to expire until
the greater of: thirty (30) days prior written notice, or in accordance with policy provisions.
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Contractor shall also notify County, in a like manner, within twenty-four (24) hours after
receipt, of any notices of expiration, cancellation, non-renewal or material change in
coverage or limits received by Contractor from its insurer, and nothing contained herein
shall relieve Contractor of this requirement to provide notice.
Contractor shall ensure that all subcontractors comply with the same insurance
requirements that the Contractor is required to meet.
13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall defend, indemnify and hold harmless Collier County, its officers and employees from
any and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this
Agreement by Contractor, any statutory or regulatory violations, or from personal injury,
property damage, direct or consequential damages, or economic loss, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the
Contractor or anyone employed or utilized by the Contractor in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or
reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13.1 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor,
County and any indemnified party. The duty to defend arises immediately upon
presentation of a claim by any party and written notice of such claim being provided to
Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive
the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the County or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Road,Bridge,and Stormwater Maintenance Division
15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner with
the performance of services required hereunder. Contractor further represents that no
persons having any such interest shall be employed to perform those services.
16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following
component parts, all of which are as fully a part of the Agreement as if herein set out
verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A Scope of Services,
❑ Exhibit B Fcc Schedule, Exhibit C Affidavit Regarding Labor and Services, ❑RFP/
❑ ITB/0 Other Invitation for Qualification #25-8373 , including Exhibits,
Attachments and Addenda/Addendum, ❑ cubcequcnt quotes, and ❑ Other
Exhibit/Attachment:
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17. APPLICABILITY. Sections corresponding to any checked box ( ® ) expressly apply to
the terms of this Agreement.
18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this Agreement is subject to appropriation by the Board of County
Commissioners.
19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and/or any employee of
the firm from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any Agreement held by the individual and/or firm for cause.
20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the
Contractor is formally acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws, codes, statutes,
ordinances, rules, regulations and requirements applicable to this Agreement, including
but not limited to those dealing with the Immigration Reform and Control Act of 1986 as
located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended; taxation, workers' compensation, equal employment and safety including, but
not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public
Records Law Chapter 119, if applicable, including specifically those contractual
requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows:
IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
Communications, Government and Public Affairs Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 252-8999
Email: PublicRecordRequestAcolliercountyfl.qov
The Contractor must specifically comply with the Florida Public Records Law to:
1. Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
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General Service Agreement[2025_ver.2]
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
Contractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the Contractor or keep and maintain public
records required by the public agency to perform the service. If the Contractor
transfers all public records to the public agency upon completion of the contract,
the Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract,
the Contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the public agency, upon
request from the public agency's custodian of public records, in a format that is
compatible with the information technology systems of the public agency.
If Contractor observes that the Contract Documents are at variance therewith, it shall
promptly notify the County in writing. Failure by the Contractor to comply with the laws
referenced herein shall constitute a breach of this Agreement and the County shall have
the discretion to unilaterally terminate this Agreement immediately.
21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful Contractor extending the pricing, terms and
conditions of this solicitation or resultant Agreement to other governmental entities at the
discretion of the successful Contractor.
22. PAYMENTS WITHHELD. The County may decline to approve any application for
payment, or portions thereof, because of defective or incomplete work, subsequently
discovered evidence or subsequent inspections. The County may nullify the whole or any
part of any approval for payment previously issued and the County may withhold any
payments otherwise due to Contractor under this Agreement or any other Agreement
between the County and Contractor, to such extent as may be necessary in the County's
opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party
claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of
Contractor to make payment properly to subcontractors or for labor, materials or
equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance
of the Contract Amount; (e) reasonable indication that the Work will not be completed
within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or
(g) any other material breach of the Contract Documents.
If any conditions described above are not remedied or removed, the County may, after
three (3) days written notice, rectify the same at Contractor's expense. The County also
may offset against any sums due Contractor the amount of any liquidated or unliquidated
obligations of Contractor to the County, whether relating to or arising out of this Agreement
or any other Agreement between Contractor and the County.
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General Service Agreement[2025_ver.2]
If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark-
up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary
of the Company and any business, corporation, partnership, limited liability company or
other entity in which the Company or Parent or a Subsidiary of the Company holds any
ownership interest, directly or indirectly.
23. 0■ CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris,
rubbish and waste materials arising out of the Work. At the completion of the Work,
Contractor shall remove all debris, rubbish and waste materials from and about the Project
site, as well as all tools, appliances, construction equipment and machinery and surplus
materials, and shall leave the Project site clean.
24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on County projects who are neat, clean,
well-groomed and courteous. Subject to the American with Disabilities Act, Contractor
shall supply competent employees who are physically capable of performing their
employment duties. The County may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable and whose
continued employment on Collier County projects is not in the best interest of the County.
25. • WARRANTY. Contractor expressly warrants that the goods, materials and/or
equipment covered by this Agreement will conform to the requirements as specified, and
will be of satisfactory material and quality production, free from defects, and sufficient for
the purpose intended. Goods shall be delivered free from any security interest or other
lien, encumbrance or claim of any third party. Any services provided under this Agreement
shall be provided in accordance with generally accepted professional standards for the
particular service. These warranties shall survive inspection, acceptance, passage of title
and payment by the County.
Contractor further warrants to the County that all materials and equipment furnished under
the Contract Documents shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturers,
fabricators, suppliers or processors except as otherwise provided for in the Contract
Documents.
If, within one (1) year after final completion, any Work is found to be defective or not in
conformance with the Contract Documents, Contractor shall correct it promptly after
receipt of written notice from the County. Contractor shall also be responsible for and pay
for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. These warranties are in addition to those implied
warranties to which the County is entitled as a matter of law.
26. • TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws,
ordinances, rules or regulations of any public authority having jurisdiction over the Project
requires any portion of the Work to be specifically inspected, tested or approved,
Contractor shall assume full responsibility therefore, pay all costs in connection therewith
and furnish to the County the required certificates of inspection, testing or approval. All
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General Service Agreement[2025_ver.2]
inspections, tests or approvals shall be performed in a manner and by organizations
acceptable to the County.
27. PROTECTION OF WORK.
A. Contractor shall fully protect the Work from loss or damage and shall bear the cost
of any such loss or damage until final payment has been made. If Contractor or
anyone for whom Contractor is legally liable is responsible for any loss or damage
to the Work, or other work or materials of the County or County's separate
contractors, Contractor shall be charged with the same, and any monies necessary
to replace such loss or damage shall be deducted from any amounts due to
Contractor.
B. Contractor shall not load nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall Contractor subject any part of the
Work or adjacent property to stresses or pressures that will endanger it.
C. Contractor shall not disturb any benchmark established by the County with respect
to the Project. If Contractor, or its subcontractors, agents or anyone, for whom
Contractor is legally liable, disturbs the County's benchmarks, Contractor shall
immediately notify the County. The County shall re-establish the benchmarks and
Contractor shall be liable for all costs incurred by the County associated therewith.
28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form
specifications shall be approved in writing by the County in advance.
29. CHANGES IN THE WORK. The County shall have the right at any time during the
progress of the Work to increase or decrease the Work. Promptly after being notified of a
change, Contractor shall submit an estimate of any cost or time increases or savings it
foresees as a result of the change. Except in an emergency endangering life or property,
or as expressly set forth herein, no addition or changes to the Work shall be made except
upon modification of the Purchase Order by the County, and the County shall not be liable
to the Contractor for any increased compensation without such modification. No officer,
employee or agent of the County is authorized to direct any extra or changed work orally.
Any modifications to this Agreement shall be in compliance with the County Procurement
Ordinance and Procedures in effect at the time such modifications are authorized.
30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this
Agreement in compliance with the Procurement Ordinance, as amended, and
Procurement Procedures.
32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's staff
person who would make the presentation of any settlement reached during negotiations
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General Service Agreement[2025_ver.2]
to County for approval. Failing resolution, and prior to the commencement of depositions
in any litigation between the parties arising out of this Agreement, the parties shall attempt
to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. The mediation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would
make the presentation of any settlement reached at mediation to County's board for
approval. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
33. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate federal
or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
34. ❑ KEY PERSONNEL. The Contractor's persoReel and management to be utilized for
this project shall be knowledgeable in their areas of expertise. The County reserves the
right to perform investigations as may be deemed necescary to ensure that competent
persons will be utilized in the performance of the Agreement. The Contractor shall assign
as many people as necescary to complete the services on a timely basis, and each person
assigned shall be available for an amount of time adequate to meet the required service
dates. The Contractor shall not change Key Personnel unlcsc the following conditions are
met: (1) Proposed replacements have substantially the same or better qualifications
and/or experience. (2) that the County is notified in writing as far in advance as possible.
The Contractor shall make commercially reasonable e#ofts to notify Collier County within
seven (7) days of the change. The County retains final approval of proposed replacement
personnel.
■❑AGREEMENT STAFFING. The Contractor's personnel and management to be utilized
for this Agreement shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to ensure that
competent persons will be utilized in the performance of the Agreement. The Contractor
shall assign as many people as necessary to complete required services on a timely basis,
and each person assigned shall be available for an amount of time adequate to meet
required services.
35. 0 ORDER OF PRECEDENCE. In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of solicitation the Contractor's Proposal,
and/or the County's Board approved Executive Summary, the Contract Documents shall
take precedence.
ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or
among the terms of any of the Contract Documents and/or the County's Board approved
Executive S,iFFH= ary th„ tor..,.,s of the Agreement shall take precedence over the terms of
all other Contract Documents, except the terms of any Supplemental Conditions shall take
precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
Page 12 of 19
General Service Agreement[2025_ver.2]
obligation under the Contract Documents upon the Contractor at County's discretion.
36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the
prior consent in writing of the County. Any attempt to assign or otherwise transfer this
Agreement, or any part herein, without the County's consent, shall be void. If Contractor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Contractor all of the obligations and
responsibilities that Contractor has assumed toward the County.
37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as
amended. Background checks are valid for five (5) years and the Contractor shall be
responsible for all associated costs. If required, Contractor shall be responsible for the
costs of providing background checks by the Collier County Facilities Management
Division for all employees that shall provide services to the County under this Agreement.
This may include, but not be limited to, checking federal, state and local law enforcement
records, including a state and FBI fingerprint check, credit reports, education, residence
and employment verifications and other related records. Contractor shall be required to
maintain records on each employee and make them available to the County for at least
four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identification badges at all times while performing services on County facilities and
properties. Contractor ID badges are valid for one (1) year from the date of issuance and
can be renewed each year at no cost to the Contractor during the time period in which
their background check is valid, as discussed below. All technicians shall have on their
shirts the name of the contractor's business.
The Contractor shall immediately notify the Collier County Facilities Management Division
via e-mail (DL-FMOPS(a�colliercountyfl.gov) whenever an employee assigned to Collier
County separates from their employment. This notification is critical to ensure the
continued security of Collier County facilities and systems. Failure to notify within four (4)
hours of separation may result in a deduction of$500 per incident.
Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being
performed in any of their locations. This will be coordinated upon award of the contract. If
there are additional fees for this process, the Contractor is responsible for all costs.
38. 0 SAFETY. All Contractors and subcontractors performing service for Collier County are
required and shall comply with all Occupational Safety and Health Administration (OSHA),
State and County Safety and Occupational Health Standards and any other applicable
rules and regulations. Also, all Contractors and subcontractors shall be responsible for
the safety of their employees and any unsafe acts or conditions that may cause injury or
damage to any persons or property within and around the work site.
Collier County Government has authorized the Occupational Safety and Health
Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way
for the purpose of inspection of any Contractor's work operations. This provision is non-
Page 13 of 19
General Service Agreement[2025_ver.2]
negotiable by any division/department and/or Contractor. All applicable OSHA inspection
criteria apply as well as all Contractor rights, with one exception. Contractors do not have
the right to refuse to allow OSHA onto a project that is being performed on Collier County
Property. Collier County, as the owner of the property where the project is taking place
shall be the only entity allowed to refuse access to the project. However, this decision
shall only be made by Collier County's Risk Management Division Safety Manager and/or
Safety Engineer.
(Intentionally left blank-signature page to follow)
Page 14 of 19
General Service Agreement[2025_ver.2]
IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed
this Agreement on the date and year first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Crystal K. Ki,net,-Clerk of the Circuit
Court and omptroller,
By: 7, ' -- By A4e.„.. .Ar4,1•0*--
Dated �. �a� Burt Saunders, Chairman
(SEA )''Attett as to Chairman's
signature only
Contractor's Witnesses: Superb Landscape Services.Inc.
Contractor
By:
Contractor's First Wit ess Signature
od r 43
TType/print signature and titles`
TTypelprint witness namet
11-1 �! ,
Contr. II'� Second Witness
ee,tdq / Lid
TTypelptint witness name
d a to Form and Legality,
G my Attorney
rint Name
Page 15 of 19
General Service ApectI I12025.ve1,21
Exhibit A
Scope of Services
n following this page (pages 1 through 3 )
❑ this exhibit is not applicable
Page 16 of 19
General Service Agreement[2025_ver.2]
Exhibit A—Scope of Services
#25-8373 "Irrigation Contractors"
The intent of this agreement is to award to a pool of qualified Contractors for the services below.
Qualified Contractors will be expected to perform the following tasks,including but not limited to:
• Routine maintenance and monitoring of irrigation systems.
• Minor and major repairs to existing irrigation infrastructure.
• Installation of new irrigation components as required.
• Other irrigation-related services as necessary;and
• Technical assistance and support relate to diagnostic assistance with repair work via telephone or site visit.
1. Contractor Responsibilities: The selected Contractor(s)is expected to provide all necessary resources to ensure the successful
completion of these services.This includes,but is not limited to:
1.1. Labor:Providing qualified personnel to perform all tasks efficiently and safely.
1.2. Supervision:Ensuring that work is supervised appropriately,maintaining high standards of quality and safety.
1.3. Tools and Equipment: Supplying the necessary tools and specialized equipment required for services listed above.
1.4. Materials and Supplies:Providing all materials and supplies to perform the tasks or projects.
1.5. Transportation:Ensuring that vehicles and equipment are available for transportation to and from job sites.
1.6. Maintenance of Traffic (MOT): If applicable, the Contractor(s) must ensure the safety of workers and the public by
managing traffic around active work zones in compliance with local regulations.
1.7. Subcontracting: The Contractor may utilize subcontractors for certain specialized tasks, such as bores. However, the
Contractor(s)is fully responsible for the overall management and quality of the work performed by a subcontractor.
2. Minor Irrigation Repairs:These repairs may include,but are not limited to,the following:
2.1. Broken or leaking sprinkler heads.
2.2. Replacing cracked,broken,or malfunctioning sprinkler heads that fail to deliver water properly.
2.3. Clogged sprinkler heads or emitters.
2.4. Clearing debris,dirt,or mineral buildup from sprinkler heads or emitters that result in reduced water flow.
2.5. Leaks in irrigation pipes or tubing.
2.6. Repairing small leaks or cracks in the pipes or tubing,often caused by wear and tear or physical damage.
2.7. Valve malfunctions.
2.8. Fixing faulty irrigation valves that do not open or close correctly,causing uneven watering or system failure.
2.9. Broken drip irrigation lines.
2.10. Repairing small cuts or cracks in drip irrigation lines that lead to inconsistent water distribution.
2.11. Timer or controller adjustments.
2.12. Replacing or fixing malfunctioning irrigation timers or controllers or adjusting settings to ensure proper scheduling.
2.13. Addressing wiring problems or connections for electrical components like solenoids,controllers,or sensors.
2.14. Replacing or adjusting pressure regulators.
2.15. Fixing or replacing pressure regulators to ensure proper water pressure for efficient irrigation.
2.16. Repositioning or realigning sprinklers.
2.17. Moving or adjusting sprinkler heads to ensure proper coverage and prevent over-watering or under-watering areas.
2.18. Repairing backflow prevention devices.
2.19. Fixing or replacing components of backflow prevention devices to ensure water safety and compliance with regulations.
3. Major Irrigation Repairs:These repairs may be more complex,they may include,but are not limited to:
3.1. Main Line Replacement:Replacing a large section of the main irrigation line that has become severely damaged,cracked,or
corroded,affecting water distribution across the system.
3.2. Pump Replacement or Repair: Repairing or replacing irrigation pumps that are malfunctioning or have failed, which are
critical for water distribution in larger systems.
3.3. Controller/Timer Replacement:Replacing outdated,malfunctioning,or obsolete irrigation controllers or timers that can no
longer be repaired and are essential for scheduling and automating irrigation.
3.4. Valve Box Replacement:Replacing entire valve boxes that have become damaged or compromised,which are essential for
controlling the flow of water to different zones in the system.
3.5. Substantial Leaks in Irrigation Lines: Repairing major leaks in large irrigation lines or underground piping systems that
require digging up and replacing parts of the system.
3.6. Backflow Device Replacement: Replacing backflow prevention devices that are either outdated, damaged, or no longer
functioning to ensure compliance with safety standards.
Page 1 of 3
Exhibit A—Scope of Services
3.7. Complete Sprinkler System Overhaul:Replacing multiple broken or obsolete sprinkler heads,pipes,or system components
in large zones,potentially upgrading to more efficient models(e.g.,high-efficiency nozzles or pressure-regulated heads).
3.8. Replacing or re-wiring the electrical components of an irrigation system, such as damaged controllers, solenoids, or
connections,that are causing widespread failure.
3.9. Irrigation System Integration with New Landscaping:Installing new irrigation lines or systems to accommodate new plants
or areas added to the landscape.
4. Irrigation Maintenance: The maintenance services are essential for keeping irrigation systems running efficiently, conserving
water,and ensuring that landscapes receive the proper care.These maintenance services help to ensure that irrigation systems are
running smoothly, efficiently,and effectively, reducing water waste and promoting healthy landscaping. Below are some typical
irrigation maintenance services:
4.1. System Inspections:Regularly checking the entire irrigation system,including pipes,valves,controllers,sprinkler heads,and
emitters,to identify any signs of wear,damage,or malfunction.
4.2. Sprinkler Head Adjustments and Repair: Ensuring that sprinkler heads are positioned correctly for optimal coverage and
repairing any broken or clogged sprinkler heads.
4.3. Cleaning and Flushing System Components: Flushing out dirt, debris, and mineral buildup from lines, sprinkler heads,
emitters,and filters to ensure water flows freely and the system performs at its best.
4.4. Check for Leaks:Inspecting the system for leaks in pipes,connections,and sprinkler heads,and repairing any leaks to prevent
water wastage and pressure loss.
4.5. Valve and Pressure Regulator Maintenance: Ensuring that valves are functioning correctly, repairing any malfunctioning
valves,and checking pressure regulators to maintain proper water pressure for efficient irrigation.
4.6. Backflow Prevention Testing and Maintenance: Regularly testing and maintaining backflow prevention devices to ensure
they're functioning correctly,which helps to protect the water supply from contamination.
4.7. System Controller/Timer Adjustments:Programming and adjusting the irrigation system's controller or timer to align with
seasonal changes,ensuring that the watering schedule is optimized for plant needs.
4.8. Irrigation System Upgrades: Replacing old components or upgrading to more water-efficient technology, such as high-
efficiency sprinkler heads,smart controllers,or rain sensors.
4.9. Troubleshooting and Diagnostics:Identifying and resolving any issues with water pressure,electrical components,or system
performance to restore the system to proper working order.
4.10. Monitoring and Reporting:Ongoing monitoring of the irrigation system's performance,keeping records of any issues,repairs,
or upgrades,and providing regular reports to County Project Managers.
4.11. Soil Moisture Sensors and Adjustments:Installing and maintaining soil moisture sensors to help manage water usage more
effectively,preventing over-watering and ensuring healthy plant growth.
5. Distribution of Work
5.1. Projects with a value up to$10,000:
5.1.1. A Request for Quotation("RFQ")and work summary will be emailed to one selected Contractor on a basis that
ensures a relatively even distribution of the work over the term of the resultant agreement. The County Project
Manager may include the project completion time in the RFQ,or it may be decided later in coordination with the
Contractor.
5.1.2. The RFQ will give Contractors seven(7)calendar days to submit a quote.However,depending on time-sensitive
or other needs, the projects, may require a shorter or longer quoting period determined by the County Project
Manager.
5.1.3. The County Project Manager will review the quote received by the due date.
5.1.4. If the Contractor's quote is outside the budget,the County Project Manager may negotiate the price(s).
5.1.5. The work shall start with the issuance of a purchase order.
5.2. Projects with a value exceeding$10,000 up to$500,000:
5.2.1. An RFQ and work summary will be emailed to all awarded Contractors.The County Project Manager may include
the project completion time in the RFQ,or it may be decided later in coordination with the Contractor.
5.2.2. The RFQ will give contractors fourteen (14) calendar days to submit a quote. However, depending on time-
sensitive or larger-scale projects,they may require a shorter or longer quoting period.
5.2.3. The County Project Manager will review all quotes received by the due date and prepare a bid tabulation.
5.2.4. If the lowest Contractor's quote is outside the budget,the County Project Manager may negotiate price(s).
5.2.5. It is the County Division's discretion to establish liquidated damages.
5.2.6. The work shall start with the issuance of a purchase order.
6. General Information
Page2of3
Exhibit A—Scope of Services �"
6.1. Licenses and Certifications: The Contractor shall have valid irrigation license and certifications as required by statute,
law,and administrative rules during the contract term,renewals,and extensions.
6.2. Insurance Reimbursement Services:The Contractor may be requested to provide itemized receipts for insurance-related
repairs itemizing materials,labor,equipment,and other associated costs,as required by Collier County Risk Management
Division.
6.3. Subcontractor Markup:A fifteen(15)percent markup is permitted for Subcontractor services.No markup is authorized
on sales tax or freight charges.
6.4. Work Commencement: No work shall start without issuance of a Purchase Order. The Contractor agrees that any
Purchase Order that extends beyond the expiration date of the resultant agreement will survive and remain subject to the
terms and conditions of the resultant agreement until the completion or termination of work.
6.5. Work Hours: The work hours are generally Monday through Friday from 7:00 a.m. to 5:00 p.m. The Contractor may
request approval from the County Project Manager to work outside the stated hours and workdays.
6.6. Work Schedules: The County Project Manager may request work schedules before services commence and request
updates if the Contractor's work schedules are modified.
6.7. Inspections:Onsite inspections may occur to monitor work progress and when the work is completed.The Contractor shall
e-mail the County Project Manager when the job is completed.The Contractor shall cure any deficient work as requested by
the County Project Manager and within the timeline.
6.8. Stockpiling is not permitted in the right-of-way areas:The Contractor may be required to return to the worksite to clean
up,remove,and haul away for disposal.
6.9. Damages: The Contractor shall exercise care at the project site. The Contractor is responsible for restoring or replacing
all damages to the satisfaction of the County Project Manager at no cost to the County where the Contractor's control
operations occurred.
6.10. Utilities: The Contractor shall be responsible for exercising precautions while working near utilities; therefore, before
digging,the Contractor must call Sunshine 811 at 811 or 800-432-4770,Monday through Friday,from 7:00 a.m.to 5:00
p.m. Sunshine 811 requires two (2) full business days' notice. Any damage to utilities is the Contractor's sole
responsibility and at no cost to the County.
6.11. Temporary Traffic Control (TTC): If applicable to the work requested in the quote, the Contractor is responsible for
providing a plan to set up TTC with the right equipment and proper placement of lane-closed signs,pre-warning signs,
arrow boards, traffic cones, message boards,warning devices,barriers, or flagmen. The Contractor is also responsible
for maintaining TTC while performing services in the right-of-way areas and roadways.
6.11.1. The Contractor must adhere to the latest edition of the FDOT Design Standards, 600 series, and the Manual on
Uniform Traffic Control Devices(MUTCD).
6.11.2. Subcontracting TTC is authorized.
6.11.3. The Contractor is responsible for the TTC plan and equipment setup. Any work zone safety issues require the
Contractor's Certified TTC employee to contact County staff within twenty(20)minutes of the initial contact to
address work zone safety issues.
6.11.4. The Contractor services will cease if the TTC setup does not comply with FDOT standards and MUTCD.
6.12. Road Alert- Mandatory Requirement: Any lane closures require the Contractor to submit the Road Alert Notification
Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services
Department. Link to Download the Road Alert form: https://www.colliercountyfl.gov/government/transportation-
management-services/services/construction-and-maintenance-public-information/road-alerts.
6.13. Work Zone Safety: The Contractor shall use caution while working on County Right-of-Way areas(ROW) (i.e.,roads,
sidewalks,bike paths,etc.),roadway medians,in or around County-owned or operated facilities.The following standards
shall be maintained:
6.13.1. American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) Class 2 or 3
Vests,T-shirts,or similarly labeled garments depending on the time of day.
6.13.2. Signage, cones, barricades or barrels, arrow panels, flagging personnel, stop/slow paddles, where necessary,
required by law or the Board of County Commissioners.
Page 3 of 3
Exhibit A—Scope of Services ( '-"
Exhibit B
Fee Schedule
❑ following this page (pages through
1■• this exhibit is not applicable
Page 17 of 19
General Service Agreement[2025_ver.2]
Exhibit C
Affidavit Regarding Labor and Services
Following this page
Page 18 of 19
General Service Agreement[2025_vcr.2]
AFFIDAVIT REGARDING LABOR AND SERVICES
AND CONTRACTING WITH ENTITIES OF FOREIGN COUN't'RI FS OF CONCERN PROHIBITED
Effective July I,2024,pursuant to § 787.06(13), Florida Statutes, when a contract is executed, renewed,or extended between a
nongoveinmenlni entity and a governmental entity, the nongovernmental entity most provide the governmental entity with an
affidavit signed by an ulTic or a representative of the nongovernmental entity under penalty of perjury attesting that the
nongovernmental entity does not use coercion for labor or services.
Effective January I,2024,a governmental entity may not accept a bid on,a proposal for,or a reply to,or enter into,a contract with
an entity which would grant the entity access to an individual's personal identifying information unless the entity provides the
government with an affidavit signed by an officer or representative under penalty of perjury attesting that the entity does not meet
any of the following criteria: (a)the entity is owned by the government of a foreign country of concern;(b) the government of a
foreign country of concern has a controlling interest in the entity;or(c)the entity is organized under the laws of or has its principal
place of business in a Foreign country of concern.
Cffective July 1,2025,when an entity extends or renews a contract with a governmental entity which would grant the entity access
to an individual's personal identifying information, the entity must provide the governmental entity with an affidavit signed by an
officer or representative of the unity under penalty of pei jury attesting that the entity does not meet any of the criteria in paragraphs
(2)(a)-(e),§287.138,Florida Statutes.
Nongovernmental Entity's Name: Sui N iJ' s Vi
Address.. �_ ,�__
960
Phone Number: -a) 6 'f 3 - 6 Zv
Author°i:zed Representative's Name: 14.1 ti 9 [ L ^A)
Authorized Representative's Title: VV ' X.E.S f`,�� r� 1
Erna il Adrlreas: 4Zty N EC ..[`1�CC)/yl✓►'J LAJV j1rr) /k , A/64—
.P.06ytr d'<iA9F&4A) (Name of Authorized Rc ntativc), as authorized representative attest under
penalty of perjury that 5H f(L3 CAA/p S(/krrt-etf(Cell / ame of Nongovernmental Entity) does not: (i) use
coercion for labor or services as defined in§ 787.06, Florida Statutes,and(2)the nongovernmental entity is not(a)owned by
a government of a foreign country of concern,(b)that a foreign country of concern dues not have a controlling interest in the
entity, and(c) that the entity is not organized under the laws of or has its principal place of business in a foreign country of
concern,all as prohibited under§287.138,Florida Statutes.
t_Inrier a rjur I declare that I have read the foregoing Affidavit and that the facts stated in it are true.
0' - Z�
(Signature of eatho zed representative) Date
STATE OF "T l ►'j d
COUNTY OF 111tr
Sworn to(or affirmed)and subscribed b fore me,by means of l 3'iysical presence or 0 online notarization this
(o - day aril4a4ao . 20 dV by ktnrel e. (Name of Affiant),who product!his Florida Driver's License as
identification.
kC 1A w.. --�.........I►...
Notary Public State of Florida'
Notry Public Geldy Leiva
� I My Commission HH454Et3
1 1 pV 30/ ap Expires 11/30/2027
Commission Expires
Personally Known [U(5R Produced identification El
Type of Identification Produced: ,
CA
Other Exhibit/Attachment
Description:
❑ following this page (pages through
■❑ this exhibit is not applicable
Page 19 of 19
General Service Agreement[2025_vcr.2]